This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that an alternative approach--purposive interpretation--allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences. Moreover, regardless of whether purposive interpretation amounts to a unifying theory, it would still be superior to other methods of...
This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and jurists...
In the domain of comparative constitutionalism, Israeli constitutional law is a fascinating case-study constituted by many dilemmas. It is moving from the old British tradition of an unwritten constitution and no judicial review of legislation to fully-fledged constitutionalism endorsing judicial review and based on the text of a series of basic laws. At the same time, it is struggling with major questions of identity, in the context of Israel's constitutional vision of 'a Jewish and Democratic' State. Israeli Constitutional Law in the Making offers a comprehensive study of Israeli...
In the domain of comparative constitutionalism, Israeli constitutional law is a fascinating case-study constituted by many dilemmas. It is moving from...
Human dignity is now a central feature of many modern constitutions and international documents. This analytical study of human dignity as both a constitutional value and a constitutional right explores the sources of human dignity as a legal concept, its role in constitutional documents, its content, and its scope.
Human dignity is now a central feature of many modern constitutions and international documents. This analytical study of human dignity as both a cons...
Human dignity is now a central feature of many modern constitutions and international documents. As a constitutional value, human dignity involves a person's free will, autonomy, and ability to write a life story within the framework of society. As a constitutional right, it gives full expression to the value of human dignity, subject to the specific demands of constitutional architecture. This analytical study of human dignity as both a constitutional value and a constitutional right adopts a legal-interpretive perspective. It explores the sources of human dignity as a legal concept, its...
Human dignity is now a central feature of many modern constitutions and international documents. As a constitutional value, human dignity involves a p...